Kansas Prenuptial Agreement Form

In the United States, including Kansas, some people prefer to regulate their relationship in marriage and after matrimony with certain legal documents. For instance, it is a common practice in Kansas to formulate rules regulating spouses’ finances and reflect these rules in the Kansas prenuptial agreement form, a convenient legal tool for couples that will get married in the near future.

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With such agreements, couples set the rules and also disclose their private funds to each other. This legal form allows to govern:

  • Properties and liabilities. Normally, both partners have their own estate, savings, and earnings before they enter into matrimony. They can also purchase stuff that they both own and use. After getting married, they may think of a mortgage or similar significant costs, and that is how they may generate a mutual debt. The prenuptial (or prenup, or premarital) agreement lets partners decide what can or cannot happen with their properties and debts when they get married. Another vital thing partners can do with this legal record is to plan their future actions if they break up and file for divorce.
  • Ownership of business. In the agreement, partners define how to share the company fairly in case of divorce. Some business people protect their interests by stating in the prenup template that their business is their private property and should not be shared in any way with their ex-partner.
  • Taxation issues and household expenses. Partners can also regulate their daily life with the agreement. For instance, they indicate whether to pay their taxes mutually or privately. Also, the agreement can define who will cover the household costs during the matrimony.
  • Other conditions. Couples can include any additional provisions they like to such agreements if these provisions do not conflict with the state or federal laws.
  • Financial information disclosures. Couples disclose their private and mutual properties and liabilities with supplements to the agreement to accompany prenuptial agreements.

It is essential to note that the only topic you cannot cover in prenups is your child’s (or children’s) support. Prenups are tied to your properties, debts, and tangible items only. All decisions regarding your children in case of divorce will be taken in court.

Suppose you are wondering what a couple should do to edit the existing agreement or make it invalid. In that case, it is possible to sign an additional record proving that the parties have agreed on the changes.

If your partner minds discussing the agreement and forming it, try to change their mind gently. Hopefully, your future marriage will work; but maybe in the future, your spouse will be thankful for the document creation and signing. Keep in mind that you will have to define the rules under which your mutual properties might be managed one day. Therefore, it is impossible to create the agreement alone.

Moreover, the agreement cannot be effective without both partners’ signatures. You will have to notarize the document or ask witnesses for a signature or two in some states.

Our form-building software lets you get the right Kansas prenuptial agreement template effortlessly. We also suggest learning about the Kansas legislation on the topic before signing the agreement. Check the laws you need to know about below.

Kansas Prenup Laws and Requirements

When making a prenup agreement in Kansas, you and your potential spouse should pay attention to the Kansas Statutes, Chapter 23, Article 24. This article wholly focuses on the agreements’ creation in the state.

Singing Requirements

Section 23-2403 binds partners to create the written version of their agreement: you cannot just talk through all provisions and consider it an agreement. Also, according to this section, the agreement requires both partners’ signatures. You do not need to notarize this paper in Kansas.

Enforceability

Section 23-2405 makes the agreement valid upon marriage, and Section 23-2406 allows canceling of the agreement, but the couple has to sign a relevant attachment. Section 23-2407 explains when the agreement is not enforceable in Kansas:

  • If the agreement was signed involuntarily or the contract is unscrupulous
  • If the parties did not disclose their finances honestly.

Court Refusal

The court may refuse to accept a prenup if it violates the law or is not enforceable (see Section 23-2407).

What Prenups Can Cover

Section 23-2404 of the Kansas Statutes offers lawful topics you may cover using prenup agreements. In Kansas, you are allowed to describe possible transactions with your properties and money (selling, exchanging, leasing, purchasing, trusting, and so on). The agreement cannot affect your children’s support by law (Subsection “b,” Section 23-2404).

Published: Feb 25, 2021